H 4661 Session 111 (1995-1996)
H 4661 General Bill, By Sharpe and Witherspoon
A Bill to amend Article 3, Chapter 11, Title 50, Code of Laws of South
Carolina, 1976, by adding Section 50-11-305 so as to designate species of
animals which constitute big game; Section 50-11-330 so as to make it unlawful
to hunt deer within three hundred yards of a residence without the permission
of the owner or occupant; Section 50-11-505 so as to permit a landowner owning
ten thousand or more acres to choose a wild turkey season for that
property.-short title
02/22/96 House Introduced and read first time HJ-10
02/22/96 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-16
A BILL
TO AMEND ARTICLE 3, CHAPTER 11, TITLE 50, CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
50-11-305 SO AS TO DESIGNATE SPECIES OF ANIMALS
WHICH CONSTITUTE BIG GAME; SECTION 50-11-330 SO AS
TO MAKE UNLAWFUL TO HUNT DEER WITHIN THREE
HUNDRED YARDS OF A RESIDENCE WITHOUT THE
PERMISSION OF THE OWNER OR OCCUPANT; SECTION
50-11-505 SO AS TO PERMIT A LANDOWNER OWNING TEN
THOUSAND OR MORE ACRES TO CHOOSE A WILD
TURKEY SEASON FOR THAT PROPERTY; SECTION
50-11-515 SO AS TO PROVIDE THAT THE DEPARTMENT OF
NATURAL RESOURCES MUST PRESCRIBE THE METHODS
AND BAG LIMITS FOR HUNTING AND TAKING OF
TURKEYS IN ALL GAME ZONES; SECTION 50-11-600 SO AS
TO ESTABLISH OPEN AND CLOSED SEASONS FOR
HUNTING AND TAKING OF BEAR, AND PROVIDE
PENALTIES FOR VIOLATION; SECTION 50-11-605 SO AS TO
MAKE IT UNLAWFUL TO USE FOODSTUFFS TO BAIT OR
ATTRACT BEAR OR TO HUNT BEAR BY AID OF OR USE OF
BAIT, AND PROVIDE A PENALTY; TO AMEND ARTICLE 4,
CHAPTER 17, TITLE 50, BY ADDING SECTION 50-17-445 SO
AS TO MAKE IT UNLAWFUL TO CATCH FISH ON THE
COMBAHEE RIVER IN CERTAIN AREAS USING CERTAIN
DEVICES; TO AMEND SECTION 50-1-60, AS AMENDED,
RELATING TO THE DIVISION OF THE STATE INTO ELEVEN
GAME ZONES, SO AS TO DIVIDE THE STATE INTO FOUR
ZONES; SECTION 50-11-110, RELATING TO WHICH
ANIMALS CONSTITUTE SMALL GAME ANIMALS, SO AS TO
INCLUDE COYOTE; SECTION 50-11-120, AS AMENDED,
RELATING TO HUNTING SMALL GAME, SO AS TO
CHANGE THE HUNTING SEASON AFFECTING VARIOUS
GAME AND CONFORM THE SECTION TO THE REDUCTION
IN GAME ZONES REQUIRED IN SECTION 50-1-60; SECTION
50-11-150, AS AMENDED, RELATING TO BAG LIMITS FOR
SMALL GAME, SO AS TO CHANGE THE LIMITS AND
CONFORM THE SECTION TO THE REDUCTION IN THE
NUMBER OF GAME ZONES REQUIRED IN SECTION 50-1-60;
SECTION 50-11-170, AS AMENDED, RELATING TO WILD
RABBITS, SO AS TO DELETE A REFERENCE TO GAME
ZONE 4; SECTION 50-11-180, AS AMENDED, RELATING TO
TRAPPING OR SNARING OF QUAIL, SO AS TO MAKE IT
UNLAWFUL EXCEPT AS PERMITTED BY THE
DEPARTMENT; SECTION 50-11-310, AS AMENDED,
RELATING TO THE OPEN SEASON FOR TAKING
ANTLERED DEER, SO AS TO CONFORM THE SECTION TO
THE REQUIREMENTS OF SECTION 50-1-60; SECTION
50-11-335, AS AMENDED, RELATING TO THE BAG LIMIT
ON ANTLERED DEER, SO AS TO DELETE REFERENCES TO
GAME ZONES 4, 7, 8, AND 10 AND THE PROVISION WHICH
PROVIDES THERE IS NO LIMIT ON ANTLERED DEER IN
GAME ZONES NOT MENTIONED; SECTION 50-11-350, AS
AMENDED, RELATING TO THE PENALTY FOR ILLEGALLY
TAKING DEER, SO AS TO MAKE THE PENALTY UNIFORM
FOR ALL GAME ZONES; SECTION 50-11-380, AS AMENDED,
RELATING TO THE CRIME OF POSSESSING A CERTAIN
SIZE OF BUCKSHOT OR RIFLE, SO AS TO INCREASE THE
PENALTY; SECTION 50-11-390, AS AMENDED, RELATING
TO BAG LIMITS ON HUNTING AND TAKING ANTLERLESS
DEER, SO AS TO DEFINE "ANTLERLESS DEER"
AND ESTABLISH BAG LIMITS IN GAMES ZONES 1
THROUGH 4; SECTION 50-11-410, AS AMENDED, RELATING
TO THE DEFINITION OF "ANTLERLESS DEER" SO
AS TO MAKE IT UNLAWFUL TO POSSESS FRESHLY
KILLED VENISON OR FRESH DEER SKIN OR PARTS;
SECTION 50-11-500, AS AMENDED, RELATING TO THE
CRIME OF ROBBING A WILD TURKEY NEST, SO AS TO
PROVIDE FOR THE SEASON FOR HUNTING AND TAKING
MALE WILD TURKEYS; SECTION 50-11-510, AS AMENDED,
RELATING TO THE CRIME OF BAITING A WILD TURKEY,
SO AS TO REVISE THE SECTION TO DEFINE
"BAIT" AND "BAITED AREA"; SECTION
50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES
BY THE DEPARTMENT WITH REGARD TO GAME ZONES
WHICH HAVE BEEN RESTOCKED WITH WILD TURKEYS,
SO AS TO MAKE IT UNLAWFUL TO HUNT, TAKE, OR
ATTEMPT TO TAKE A TURKEY EXCEPT AS PERMITTED BY
THE DEPARTMENT; SECTION 50-11-530, AS AMENDED,
RELATING TO HARVESTING OF WILD TURKEYS IN
CERTAIN AREAS OF GAME ZONES, SO AS TO MAKE IT
UNLAWFUL TO ROB A WILD TURKEY NEST, TRAP, BUY,
SELL, SHOOT A WILD TURKEY, AND PROVIDE EXCEPTION
AND A PENALTY; SECTION 50-11-540, AS AMENDED,
RELATING TO PENALTIES FOR VIOLATING RULES
APPLICABLE TO HUNTING WILD TURKEY, SO AS TO
REQUIRE TRANSPORTATION TAGS FOR THOSE WHO
HUNT WILD TURKEY AND PROVIDE A PENALTY FOR
VIOLATION; SECTION 50-11-550, AS AMENDED, RELATING
TO THE UNLAWFUL DISCHARGE OF A SHOTGUN DURING
CERTAIN TIMES IN CERTAIN AREAS OF THE CATAWBA
RIVER AND INDIA HOOK DAM, SO AS TO PROVIDE A
PENALTY FOR A PERSON WHO EXCEEDS THE BAG LIMIT
FOR WILD TURKEYS; SECTION 50-11-700, AS AMENDED,
RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHT
TO OBSERVE OR HARASS WILDLIFE AFTER 11:00 P.M., SO
AS TO MODIFY THESE PROVISIONS AND PROVIDE A
PENALTY; SECTION 50-11-705, AS AMENDED, RELATING
TO THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE 2, SO
AS TO REGULATE THIS OFFENSE FOR GAME ZONE 4;
SECTION 50-11-2110, AS AMENDED, RELATING TO FIELD
TRIALS IN GAME ZONE 9, SO AS TO MODIFY THEM AND
MAKE THEM APPLICABLE TO GAME ZONE 3; SECTION
50-11-2410, AS AMENDED, RELATING TO THE UNLAWFUL
USE OF A FOOT-HOLD TRAP, SO AS TO DELETE
REFERENCES TO THEIR PROHIBITION IN CERTAIN GAME
ZONES; SECTION 50-13-650, AS AMENDED, RELATING TO
THE UNLAWFUL USE OF NET OR SEINES FOR CATCHING
SHAD IN CERTAIN AREAS OF SAVANNAH RIVER IN GAME
ZONE 3, SO AS TO MAKE THIS SECTION APPLICABLE TO
GAME ZONE 4; SECTION 50-13-730, AS AMENDED,
RELATING TO THE AUTHORITY OF THE DEPARTMENT TO
PROMULGATE RULES AND REGULATIONS FOR OPEN
SEASON FOR TAKING NONGAME FISH WITH NETS IN THE
FRESHWATER OF GAME ZONE 9, SO AS TO CHANGE THE
REFERENCE TO GAME ZONE 3; SECTION 50-13-805, AS
AMENDED, RELATING TO THE LAWFUL GILL NET SIZE
FOR CATCHING HERRING IN CERTAIN PARTS OF GAME
ZONE 10, SO AS TO CHANGE THE REFERENCE TO GAME
ZONE 3 AND FURTHER DELINEATE THE AREA; SECTION
50-13-990, AS AMENDED, RELATING TO THE UNLAWFUL
RIDING OF A SURFBOARD IN GAME ZONE 7 AND
GEORGETOWN COUNTY, SO AS TO CHANGE THE
REFERENCE TO GAME ZONE 3; SECTION 50-17-385, AS
AMENDED, RELATING TO UNLAWFULLY HARVESTING
SHELLFISH IN GAME ZONE 9, SO AS TO CHANGE THE
REFERENCE TO GAME ZONE 3; SECTION 50-17-421, AS
AMENDED, RELATING TO THE UNLAWFUL USE OF
CHANNEL NETS IN GAME ZONES 6 AND 11, SO AS TO
CHANGE THE REFERENCE TO GAME ZONE 4 AND DELETE
INCONSISTENT REFERENCES; SECTION 50-17-425, AS
AMENDED, RELATING TO THE LAWFUL CATCHING OF
FISH IN THE SALTWATERS OF THE ATLANTIC OCEAN IN
GAME ZONE 7 WITH A HAUL SEINE, SO AS TO MAKE IT
UNLAWFUL IN GAME ZONE 3 EXCEPT IN AREAS
DESIGNATED FOR THAT PURPOSE BY THE DEPARTMENT
AND DURING A SPECIFIED SEASON; SECTION 50-17-681,
AS AMENDED, RELATING TO THE UNLAWFUL DUMPING
OF REFUSE FROM NETS IN CERTAIN PARTS OF THE
ATLANTIC OCEAN IN GAME ZONES 7 AND 9, SO AS TO
CHANGE THE REFERENCE TO GAME ZONE 3; SECTION
50-17-813, AS AMENDED, RELATING TO THE UNLAWFUL
SETTING OF NETS FOR CATCHING SHAD IN GAME ZONES
5 AND 8, SO AS TO FURTHER DELINEATE THE AREA AND
TIMES FOR THE LAWFUL CATCHING OF SHAD; SECTION
50-17-816, AS AMENDED, RELATING TO CATCHING SHAD
WITH A SEINE OR NET IN GAME ZONE 10, SO AS TO
FURTHER DELINEATE THE AREA AND TIME FOR
CATCHING SHAD; SECTION 50-17-870, AS AMENDED,
RELATING TO THE LAWFUL USE OF GILL NETS AND
TIMES FOR TAKING HERRING, SO AS TO FURTHER
DELINEATE THE AREA AND DELETE A REFERENCE TO
GAME ZONE 9; AND SECTION 50-17-1020, AS AMENDED,
RELATING TO THE UNLAWFUL USE OF A TRAWL NET IN
GAME ZONES 7 AND 9, SO AS TO CHANGE THE
REFERENCE TO GAME ZONE 3; AND TO REPEAL SECTION
50-3-360, RELATING TO ADDITIONAL DEPUTY
ENFORCEMENT OFFICERS FOR GAME ZONE 2; SECTION
50-11-130, RELATING TO PENALTIES FOR HUNTING
WITHOUT FIREARMS IN GAME ZONE 9 DURING CERTAIN
TIMES; SECTION 50-11-140, RELATING TO UNLAWFULLY
HUNTING RACCOONS, OPOSSUMS, OR FOX WHEN
CARRYING A WEAPON DURING A CERTAIN PERIOD;
SECTION 50-11-340, RELATING TO THE PENALTY FOR
HUNTING DEER DURING CLOSED SEASON; SECTION
50-11-355, RELATING TO HUNTING DEER NEAR
RESIDENCE; SECTION 50-11-430, RELATING TO THE
KILLING OF BEAR; SECTION 50-11-440, RELATING TO
UNLAWFULLY USING BAIT TO LURE A BEAR; SECTIONS
50-11-703, 50-11-704, AND 50-11-706, RELATING TO THE
PROHIBITION ON USING ARTIFICIAL LIGHTS FROM
VEHICLES IN GAME ZONES 1, 4, 9, AND 10; SECTION
50-11-1280, RELATING TO RESTRICTIONS ON SHOOTING
PRESERVES IN GAME ZONES 7 AND 9; SECTION 50-11-2415,
RELATING TO USE OF CERTAIN RUBBER PADDED STEEL
FOOT-HOLD TRAPS TO CAPTURE FOX; SECTION 50-13-20,
RELATING TO LAWFUL METHODS OF CATCHING FISH IN
CERTAIN LAKES IN GAME ZONE 2; SECTION 50-13-90,
RELATING TO CLOSED SEASON ON TROUT; SECTION
50-13-110, RELATING TO LAWFUL FISHING FOR TROUT IN
GAME ZONE 1; SECTION 50-13-120, RELATING TO NO SIZE
LIMIT ON FRESHWATER GAME FISH OR TROUT; SECTION
50-13-190, RELATING TO THE ESTABLISHMENT OF A
FRESH AND SALTWATER DIVIDING LINE FOR FISHING
PURPOSES IN HORRY COUNTY; SECTION 50-13-200,
RELATING TO NIGHT FISHING IN BRIDGE LAKE IN
DORCHESTER COUNTY; SECTION 50-13-320, RELATING TO
THE UNLAWFUL MOLESTATION OF DOLPHINS IN WATERS
OF BEAUFORT COUNTY; SECTION 50-13-350, RELATING TO
UNLAWFULLY FISHING OR TRESPASSING IN PRIVATE
ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS;
SECTION 50-13-360, RELATING TO UNLAWFULLY
SHOOTING FISH IN CERTAIN COUNTIES; SECTION
50-13-530, RELATING TO CLOSED PERIOD FOR USE OF
NETS, SEINES, AND LIKE DEVICES DURING CERTAIN
TIMES; SECTION 50-13-610, RELATING TO LAWFULLY
TAKING FISH IN GAME ZONE 1; SECTION 50-13-620,
RELATING TO PENALTIES APPLICABLE IN GAME ZONE 1;
SECTION 50-13-680, RELATING TO THE REQUIREMENT OF
HAVING A PERMIT FOR TAKING FISH IN RED BLUFF POND
IN MARLBORO COUNTY; SECTION 50-13-690, RELATING TO
THE USE OF NETS OR OTHER DEVICES TO TAKE
NONGAME FISH FROM PRIVATE PONDS IN CHESTERFIELD
COUNTY; SECTION 50-13-700, RELATING TO THE USE OF
DRAG SEINES AND NETS IN BEAUFORT COUNTY IN GAME
ZONE 11; SECTION 50-13-770, RELATING TO THE USE OF
TRAPS, TROTLINES, OR NETS TO CATCH FISH ON THE
COMBAHEE RIVER; SECTION 50-13-815, RELATING TO THE
USE OF GILL NETS IN CONCH CREEK IN GEORGETOWN
COUNTY; SECTION 50-13-980, RELATING TO THE
PRESUMPTION FROM THE POSSESSION OF FISH IN
EXCESS OF LIMITS; SECTION 50-13-1010, RELATING TO
THE APPLICATION OF ARTICLE 5, CHAPTER 13, TITLE 50;
SECTION 50-13-1194, RELATING TO THE AUTHORITY OF
THE DEPARTMENT OF NATURAL RESOURCES TO
PROMULGATE REGULATIONS OF NONGAME FISHING IN
FRESHWATERS; SECTION 50-13-1450, RELATING TO PRIMA
FACIE EVIDENCE OF USING EXPLOSIVES TO TAKE FISH;
SECTION 50-13-1470, RELATING TO THE FAILURE TO
REPORT USE OF EXPLOSIVES TO TAKE FISH; SECTION
50-13-1940, RELATING TO THE DISTRIBUTION OF FISH
RAISED IN HATCHERY IN GREENVILLE COUNTY; SECTION
50-13-2010, RELATING TO CREATING SHELLEY LAKE IN
MARION COUNTY AS A FISH SANCTUARY; SECTION
50-17-35, RELATING TO THE CRIME OF CATCHING FISH ON
CERTAIN PARTS OF THE COMBAHEE RIVER USING
CERTAIN DEVICES; SECTION 50-17-230, RELATING TO THE
REQUIREMENT OF HAVING A GIGGING LICENSE FOR
GAME ZONE 11; SECTION 50-17-235, RELATING TO A
RESIDENT GIGGING LICENSE FOR GAME ZONE 11;
SECTION 50-17-410, RELATING TO THE USE OF PURSE
SEINES IN GAME ZONES 7 AND 9; SECTION 50-17-811,
RELATING TO OPEN SEASON FOR SHAD IN GAME ZONE 7;
SECTION 50-17-815, RELATING TO SETTING NETS TO
CATCH SHAD IN GAME ZONES 7 AND 9; AND SECTION
50-17-816, RELATING TO CATCHING SHAD UNLAWFULLY
DURING CERTAIN HOURS IN GAME ZONE 10; TO AMEND
CHAPTER 19 OF TITLE 50 BY REPEALING ARTICLE 1,
RELATING TO THE CHEROKEE FISH AND GAME CLUB;
ARTICLE 3, RELATING TO THE DARLINGTON COUNTY
ADVISORY FISH AND GAME COMMISSION; ARTICLE 5,
RELATING TO THE PRESTWOOD LAKE WILDLIFE REFUGE
BOARD IN DARLINGTON COUNTY; ARTICLE 9, RELATING
TO LAKE LANIER IN GREENVILLE COUNTY; ARTICLE 13,
RELATING TO THE HORRY COUNTY FISH AND GAME
COMMISSION; ARTICLE 17, RELATING TO
RECOMMENDATIONS OF THE LEE COUNTY LEGISLATIVE
DELEGATION AS TO CLOSED SEASONS FOR FISH AND
GAME; ARTICLE 19, RELATING TO THE FISH AND GAME
COMMISSION OF MARION COUNTY; ARTICLE 25,
RELATING TO HUNTING CROWS IN YORK COUNTY;
ARTICLE 45, RELATING TO GIGGING FOR FISH IN
SALTWATER IN GAME ZONE 6; AND ARTICLE 49,
RELATING TO FISHING IN FAIRFOREST CREEK IN UNION
AND SPARTANBURG COUNTIES; SECTION 50-19-310,
RELATING TO FISHING ON THE CAUSEWAY CROSSING
BELLE ISLE LAKE IN GEORGETOWN COUNTY, SECTIONS
50-19-1710, 50-19-1720, AND 50-19-1730, RELATING TO THE
CATAWBA-WATEREE FISH AND GAME COMMISSION;
SECTIONS 50-19-1910, 50-19-1920, 50-19-1925, AND
50-19-1930, RELATING TO FISHING IN LAKES MARION AND
MOULTRIE, THE DIVERSION AND TAIL CANALS, AND
CERTAIN PORTIONS OF THE CONGAREE AND WATEREE
RIVERS; SECTION 50-19-2220, RELATING TO FISHING
REGULATIONS FOR CERTAIN WATERS OF THE
SAVANNAH RIVER; SECTION 50-19-2310, RELATING TO
OPEN AND CLOSED SEASONS ON STRIPED BASS IN LAKE
GREENWOOD AND BOYD'S MILL; SECTION 50-19-2330,
RELATING TO THE REMOVAL AND CONTROL OF
NONGAME FISH IN LAKE GREENWOOD; SECTION
50-19-2400, RELATING TO BANK FISHING ON LAKE
GREENWOOD; SECTION 50-19-2520, RELATING TO THE
AUTHORITY OF THE DEPARTMENT TO AMEND
REGULATIONS WITH APPROVAL OF THE LEGISLATIVE
DELEGATIONS OF OCONEE AND PICKENS COUNTIES;
SECTION 50-19-2530, RELATING TO PENALTIES FOR
VIOLATION OF FISHING REGULATIONS PROMULGATED
FOR KEOWEE-TOXAWAY LAKES IN OCONEE AND
PICKENS COUNTIES; AND SECTIONS 50-19-2620 AND
50-19-2630, RELATING TO FISHING REGULATIONS AND
AMENDMENTS TO THEM FOR HARTWELL RESERVOIR.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 3, Chapter 11, Title 50 of the 1976 Code
is amended by adding:
"Section 50-11-305. The following species constitute big
game animals: deer, turkey, and bear."
SECTION 2. Article 3, Chapter 11, Title 50 of the 1976 Code
is amended by adding:
"Section 50-11-330. It is unlawful to hunt deer within
three hundred yards of a residence without permission of the owner
or occupant. A person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be fined not
more than two hundred dollars or imprisoned not more than thirty
days. The provisions of this section do not apply to a landowner or
his guests hunting on his own land."
SECTION 3. Article 3, Chapter 11, Title 50 of the 1976 Code
is amended by adding:
"Section 50-11-505. In Game Zone 4, landowners of ten
thousand acres or more may choose a wild turkey season which
begins on the day before Thanksgiving to March 15 of each year.
If they elect the option of the season, then hunting on such lands
during that time is lawful upon filing notarized statement of the
election with the department at least ten days before the opening of
the elected season. However, the elected season is in lieu of the
season established by the department or otherwise set by law."
SECTION 4. Article 3, Chapter 11, Title 50 of the 1976 Code
is amended by adding:
"Section 50-11-515. In all game zones, the department
must prescribe the methods and bag limits for hunting and taking of
turkeys and, after special studies, may designate the sex of turkeys
that may be taken and may prescribe other regulations necessary
and expedient for the proper control and harvesting of
turkey."
SECTION 5. Article 3, Chapter 11, Title 50 of the 1976 Code
is amended by adding:
"Section 50-11-600. (A) The open season for taking bear
is in Game Zone 1, as set by the department, between October 1
and Thanksgiving Day inclusive. In all other game zones, there is
no open season for taking bear.
(B) The department must set the bag limits and the methods for
hunting and taking of bear in the game zone where it is lawful to
hunt and take bear.
(C) It is unlawful to:
(1) hunt, take, or attempt to take bear except during the open
season set by the department;
(2) hunt, take, or attempt to take bear by any method except
as allowed by the department;
(3) exceed the bag limits for bear as set by the department;
(4) possess or transport freshly killed bear or bear part except
during the open season for hunting and taking bear;
(5) possess captive bear except pursuant to permit issued by
the department;
(6) buy, sell, offer for sale, or possess for sale any bear or
bear parts.
(D) Each of the above acts described in subsection (B) is a
violation of this section and is a separate offense.
(E) A person violating the provisions of this section is guilty of
misdemeanor and, upon conviction, must be fined not more than
two thousand five hundred dollars or imprisoned not more than two
years, or both. The hunting and fishing privileges of a person
convicted under the provisions of this section must be suspended
for three years. Equipment used or intended for use in violation of
this section is contraband and must be forfeited to the department.
In addition, the court may order restitution be paid to the
department of not less than one thousand five hundred dollars for
each bear or bear part which is the subject of violation of this
section."
SECTION 6. Article 3, Chapter 11, Title 50 of the 1976 Code
is amended by adding:
"Section 50-11-605. (A) It is unlawful to:
(1) use any type foodstuffs to bait or attract bear;
(2) hunt, take bear over bait, or by aid or the use of bait.
(B) A person violating the provisions of this section is guilty of
misdemeanor and, upon conviction, must be fined not more than
two thousand dollars or imprisoned not more than one year, or
both. In addition, the hunting and fishing provisions of a person so
convicted must be suspended for two years, and the court must
order restitution paid to the department of not less than one
thousand five hundred dollars for each bear or bear part which is
the subject of violation of this section."
SECTION 7. Article 4, Chapter 17, Title 50 of the 1976 Code
is amended by adding:
"Section 50-17-445. (A) It is unlawful to catch fish on the
Combahee River from the saltwater dividing line seaward using
traps, trotlines, or nets.
(B) A person violating the provisions of this section is guilty of
a misdemeanor and, upon conviction, must be fined not less than
twenty-five dollars nor more than one hundred dollars, or
imprisoned not more than thirty days."
SECTION 8. Section 50-1-60 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-1-60. The State is divided for the purpose of
game into eleven four zones:
(1) The first zone shall comprise comprises the
counties of Anderson, Greenville, Oconee, and
Pickens;
(2) The second zone shall comprise comprises
the counties of Abbeville, Anderson Cherokee,
Chester, Edgefield, Fairfield, Greenwood,
Lancaster, Laurens, McCormick, Newberry,
and Saluda, Spartanburg, Union, and York;
(3) The third zone shall comprise comprises the
counties of Aiken, Calhoun, Lexington and Richland
Chesterfield, Clarendon, Darlington, Dillon, Florence,
Georgetown, Horry, Kershaw, Lee, Marion, Marlboro, Sumter, and
Williamsburg;
(4) The fourth zone shall comprise comprises
the counties of Cherokee, Chester, Fairfield, Lancaster,
Spartanburg, Union and York Aiken, Allendale, Bamberg,
Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Colleton,
Dorchester, Hampton, Jasper, Lexington, Orangeburg, and
Richland;
(5) The fifth zone shall comprise the counties of Chesterfield,
Kershaw and Marlboro;
(6) The sixth zone shall comprise the counties of Berkeley,
Charleston, Dorchester and Orangeburg;
(7) The seventh zone shall comprise the counties of Dillon and
Horry;
(8) The eighth zone shall comprise the counties of Darlington,
Lee and Sumter;
(9) The ninth zone shall comprise the counties of Clarendon,
Georgetown and Williamsburg;
(10) The tenth zone shall comprise the counties of Florence and
Marion;
(11) The eleventh zone shall comprise the counties of Allendale,
Barnwell, Bamberg, Beaufort, Colleton, Hampton and
Jasper."
SECTION 9. Section 50-11-110 of the 1976 Code is amended
to read:
"Section 50-11-110. The following species constitute small
game animals: raccoon, opossum, rabbit, squirrel, fox, quail, bobcat,
beaver, mink, muskrat, skunk, otter, grouse, coyote, and
weasel."
SECTION 10. Section 50-11-120 of the 1976 Code, as last
amended by Act 64 of 1995, is further amended to read:
"Section 50-11-120. (A) Except as specified in this
section the season for hunting small game is Thanksgiving Day
through March first. However, there is no open season on grouse
except in Game Zone 1.
(1) Game Zone 1:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) fox: year round but no weapons may be used
January March second through August
fifteenth the day before Thanksgiving Day;
(d) raccoon and opossum: October fifteenth through March
first with weapons and dogs; August fifteenth through October
fourteenth and March second through May fourteenth without
weapons and with dogs only;
(e) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day
through March first with weapons; March second to the day
before Thanksgiving, with dogs only, and no quail may be taken
during this time;
(f) grouse: Thanksgiving Day through March first;
(g) coyote: year round;
(2) Game Zone 2:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) fox: year round but no weapons may be used
January March second through August
fifteenth the day before Thanksgiving Day;
(d) raccoon and opossum: October fifteenth through March
first with weapons and dogs; August fifteenth through October
fourteenth and March second through May fourteenth without
weapons and with dogs only;
(e) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons; March second to the day before
Thanksgiving Day, with dogs only, and no quail may be taken
during this time;
(f) coyote: year round;
(3) Game Zone 3:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) fox: year round but no weapons may be used
January March second through August
fifteenth the day before Thanksgiving Day;
(d) raccoon and opossum: September fifteenth through
March fifteenth with weapons and dogs; August fifteenth through
September fourteenth and March sixteenth through May fourteenth
without weapons and with dogs only;
(e) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons; March second to the day before
Thanksgiving Day, with dogs only, and no quail may be taken
during this time;
(f) coyote: year round;
(4) Game Zone 4:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with dogs
and weapons;
(c) fox: year round but no weapons may be used
February fifteenth March second through August
fifteenth the day before Thanksgiving Day;
(d) raccoon and opossum: October
September fifteenth through March first
fifteenth with weapons and dogs; August fifteenth through
October September fourteenth and March
second sixteenth through May fourteenth without
weapons and with dogs only;
(e) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons; March second to the day before
Thanksgiving Day, with dogs only, and no quail may be taken
during this time;
(f) coyote: year round.
(5) Game Zone 5:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) fox: year round but no weapons may be used January
second through August fifteenth;
(d) raccoon and opossum: September fifteenth through
March fifteenth with weapons and dogs; August fifteenth through
September fourteenth and March sixteenth through May fourteenth
without weapons and with dogs only;
(e) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons;
(6) Game Zone 6:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with dogs
and weapons;
(c) fox: year round but no weapons may be used January
second through August fifteenth. There is no closed season for the
running of foxes with dogs for the purpose of training the dogs in a
private enclosed fox-hunting-dog-training facility;
(d) raccoon and opossum: September fifteenth through
March fifteenth with weapons and dogs; August fifteenth through
September fourteenth and March sixteenth through May fourteenth
without weapons and with dogs only;
(e) quail: Monday before Thanksgiving Day through the
first Saturday in March with weapons; October first through the
Sunday before Thanksgiving Day without weapons;
(7) Game Zone 7:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with dogs
and weapons;
(c) fox: year round but no weapons may be used January
second through August fifteenth;
(d) raccoon and opossum: September fifteenth through
March fifteenth with weapons and dogs; August fifteenth through
September fourteenth and March sixteenth through May fourteenth
without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons;
(8) Game Zone 8:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) fox: year round but no weapons may be used January
second through August fifteenth;
(d) raccoon and opossum: September fifteenth through
March fifteenth with weapons and dogs; August fifteenth through
September fourteenth and March sixteenth through May fourteenth
without weapons and with dogs only;
(e) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons;
(9) Game Zone 9:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) quail: Thanksgiving Day through the first Saturday in
March;
(d) fox: year round without weapons; with weapons
September first through January first;
(e) raccoon and opossum: September first through October
fourteenth; March second through March thirty-first without
weapons and with dogs only; October fifteenth through March first
with weapons and dogs. All hunting of raccoon and opossum in
Game Zone 9 must be at night. Night as used in this section is that
time between official sunset one day and official sunrise the
following day;
(f) mink: November first through March first;
(g) muskrat: November first through March first;
(h) otter: November first through March first;
(i) skunk: November first through March first;
(j) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons;
(10) Game Zone 10:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) fox: year round but without weapons January second
through August fifteenth;
(d) raccoon and opossum: September fifteenth through
March fifteenth with weapons and dogs; August fifteenth through
September fourteenth and March sixteenth through May fourteenth
without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before
Thanksgiving Day without weapons; Thanksgiving Day through
March first with weapons;
(11) Game Zone 11:
(a) rabbit: March second through the day before
Thanksgiving Day without weapons and with dogs only, day and
night; Thanksgiving Day through March first with weapons and
dogs, day only;
(b) squirrel: October first through March first with
weapons and dogs;
(c) fox: year round but without weapons January second
through August fifteenth;
(d) raccoon and opossum: September fifteenth through
March fifteenth with weapons and dogs; August fifteenth through
September fourteenth and March sixteenth through May fourteenth
without weapons and with dogs only.
(e) quail: Monday before Thanksgiving Day through
March first with weapons; October first through the Sunday before
Thanksgiving Day without weapons;
(B) In all game zones it is lawful to run rabbits with dogs at
any time during the year in enclosures approved by the
department. Except as otherwise provided, raccoon,
opossum, fox, mink, skunk, bobcat, and coyote may be hunted and
taken at night.
(C) The season dates in this section are inclusive, except as
otherwise provided. It is unlawful to hunt a game animal except
during the seasons provided and as specified in this section.
Unless otherwise specified during a small game season when
weapons are allowed, dogs also may be used.
(D) As used in this section in defining the small game
seasons where night hunting is authorized a species
may be lawfully hunted at night, `night' means the time
between one one-half hour after official
sundown sunset of a day and one
one-half hour before official sunrise the following day.
(E) It is unlawful to hunt and take small game except
during the seasons as specified in this section. A person violating
the provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than five hundred dollars or
imprisoned for not more than thirty days."
SECTION 11. Section 50-11-150 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-150. (A) For purposes of this
section `day' means the time between one-half
hour before official sunrise one day and one-half hour
before official sunrise the following day. Night means
the time between official sunset one day and official sunrise the
following day. Where bag limits are specified on `a night' basis,
and there is a day season specified in Section 50-11-120, there is no
limit on game taken during daylight hours. It is unlawful to
exceed the small game bag limits as follows:
(1) Game Zone 1:
(a) quail: ten twelve a day;
(b) grouse: three a day;
(c) rabbit: five a day;
(d) squirrel: ten a day;
(e) fox: no limit;
(f) raccoon: three a party a night
day;
(g) opossum: three a party a night;
(2) Game Zone 2:
(a) quail: ten twelve a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night
day;
(f) opossum: three a party a night;
(3) Game Zone 3:
(a) quail: fifteen twelve a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit three a party a
day;
(f) opossum: no limit;
(4) Game Zone 4:
(a) quail: fifteen twelve a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night
day;
(f) opossum: three a party a night;.
(B) In all game zones there is not limit on all other
furbearers.
(5) Game Zone 5:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: no limit;
(6) Game Zone 6:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(7) Game Zone 7:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(8) Game Zone 8:
(a) quail: twelve a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: no limit;
(9) Game Zone 9:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: two a party a night;
(f) opossum: no limit;
(10) Game Zone 10:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a night;
(f) opossum: no limit;
(11) Game Zone 11:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit."
SECTION 12. Section 50-11-170 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-170. It is unlawful to buy, sell, or
display for sale the carcasses of parts of wild rabbits in Game Zone
2. Any A person who buys, sells, or
displays for sale in Game Zones 2 and 4 the carcasses of wild
rabbits or parts of wild rabbits violating the provisions of
this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than twenty-five dollars nor
more than two hundred dollars or imprisoned for not more than
thirty days."
SECTION 13. Section 50-11-180 of the 1976 Code, as last
amended by Act 311 of 1994, is further amended to read:
"Section 50-11-180. The trapping or snaring of quail is
prohibited except as permitted by the department for scientific or
propagation purposes. Requests for quail trapping permits must be
accompanied by proof of property ownership or lease-hold interest
for the property upon which the quail traps are to be operated, a
county or highway map designating the location of the property,
and an aerial photo, a tax map, or a plan designating property
boundaries. The department may deny or revoke a permit in its
discretion. It is unlawful to trap quail, except as permitted
by the department."
SECTION 14. Section 50-11-310 of the 1976 Code, as last
amended by Act 375 of 1994, is further amended to read:
"Section 50-11-310. (A) The open season for taking
antlered deer is in:
(1) Game Zones 1, and 2, and 4: as
set by the department between October first and January first
inclusive. The department may designate the sex of the
deer that may be taken and may promulgate regulations for the
proper control of the deer harvest in these game zones; In
these games zones, the department must establish the methods for
hunting and taking of deer and other restrictions for the proper
control of the deer harvest in these game zones;
(2) Game Zones 5 and 7 Zone 3: August
fifteenth through August thirty-first with bow and arrow
only; September first through January first and with
archery equipment and firearms September fifteenth
through January first;
(3) Game Zones 8 and 9 Zone 4: August
fifteenth to August thirty-first with bow and arrow only and
September first through January first with archery
equipment and firearms. Antlerless deer may be taken
December fifteenth through January first with bow and arrow
only;
(4) Game Zone 10 : September first through January first
with bow and arrow only and with firearms September fifteenth
through January first.
(B) Except as provided in subsection (A), during
the season for taking antlered deer, is August
fifteenth through January first it is unlawful to pursue deer
with dogs.
(C) It is unlawful to pursue deer with dogs except during the
prescribed season for hunting deer hunt or take antlered
deer except during the open season by the method prescribed. A
person convicted of hunting or taking antlered deer during the
closed season or by some other method than that which is
prescribed is guilty of a misdemeanor and, upon conviction, must
be fined not less than two hundred dollars nor more than five
hundred dollars or imprisoned not more than thirty days. No part
of the fine may be suspended."
SECTION 15. Section 50-11-335 of the 1976 Code, as last
amended by Act 348 of 1994, is further amended to read:
"Section 50-11-335. (A) The bag limit on antlered
deer is as follows in:
(1) Game Zones 1, and 2, and
4: as set by the department;
(2) Game Zones 7, 8, 3 and
4 10: five a season no limit.
(B) For game zones not provided for in subsection (A), there
is no day or season limit on antlered deer."
SECTION 16. Section 50-11-350 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-350. Any A person taking,
attempting to take, or having in his possession
possessing a deer illegally or taking, attempting to take,
or killing deer in any way prohibited by the department in
Game Zone 1, 2, or 4 and on wildlife management area lands
throughout the State is guilty of a misdemeanor and, upon
conviction, must be fined not more than two five
hundred dollars or imprisoned for not more than thirty
days."
SECTION 17. Section 50-11-380 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-380. (A) In Game Zone 1 it
is unlawful only, except during the season when
the for hunting and taking of deer and
bear, it is lawful, unlawful for any a
person engaged in the hunting of any game whatsoever to have
in his possession any ammunition loaded with to
possess buckshot or larger shot or, while so engaged, to
have in his possession to possess a rifle, the
of a caliber of which is greater than a
caliber twenty-two, rimfire, or any rifle ammunition of a
greater caliber greater than twenty-two while
hunting.
(B) Any A person convicted of
violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more
than five hundred dollars or imprisoned for not more
than thirty days or fined not more than two hundred
dollars."
SECTION 18. Section 50-11-390 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-390. (A) In Game Zones 1, 2, and 4
the department may declare open seasons and set bag limits and
methods of hunting and taking antlerless deer provided in Sections
50-11-120 and 50-11-410.
In all other game zones the department may declare open
seasons, set bag limits and methods of hunting and taking antlerless
deer, and issue antlerless deer quota permits of fifty dollars each to
landowners or lessees for the hunting and taking of antlerless deer.
Derived revenue must be used to administer the permits and
conduct deer research and management statewide.
(B) The department may declare an open season for taking
antlerless deer only between October first and January first.
Antlerless deer taken pursuant to a quota permit must be tagged
with a valid antlerless deer tag and reported. The tag must be
attached permanently to the lower jaw of the deer immediately after
it is taken and before it is transported.
(C) A person violating this section is guilty of a misdemeanor
and, upon conviction, must be punished as in Section 50-11-410.
(D) The department may close the season and suspend or revoke
a quota permit when environmental conditions or other factors
warrant.
(A) `Antlerless deer' means a female (doe) deer or a male
(buck) deer not exhibiting two inch antlers visible above the natural
hairline, or a male (buck) deer that has shed, broken, or otherwise
lost his antlers.
(B) The open season for taking antlerless deer is in:
(1) Game Zones 1 and 2 as set by the department between
October 1 and January 1 inclusive. The department may set bag
limits and methods for the hunting and taking of antlerless deer in
these games zones and other restrictions for the proper control of
the deer harvest in these game zones;
(2) Game Zones 3 and 4, the department may set open
seasons between October 1 and January 1 inclusive and may set bag
limits and methods of hunting and taking antlerless deer and other
restrictions for the proper control of the deer harvest in these game
zones.
(B) In Game Zones 1 and 2, the department may issue
individual tags for taking antlerless deer at a cost of five dollars
each. These tags are valid in Game Zones 1 and 2 only, and must
be possessed and used only by the individuals to whom they are
issued. Revenue generated from the sale of individual tags must be
used to administer the program and for deer management and
research. Twenty percent of the revenue must be used for law
enforcement.
(C) In Games Zones 3 and 4, the department may issue
antlerless deer quota permits to landowners or lessees for a
particular tract of land at a cost of fifty dollars for each permit.
(D) Antlerless deer taken pursuant to quota permits or individual
permits must be tagged with a valid antlerless deer tag and reported
to the department. A tag must be attached to the deer as prescribed
by the department immediately after it is taken and before it is
transported. This applies even on designated either sex days for
quota permittees.
(E) Derived revenue must be used to administer the permits and
conduct deer research and management statewide.
(F) It is unlawful to hunt or take, possess, or transport antlerless
deer, except as permitted by this section. A person violating the
provisions of this section or the provisions for taking antlerless deer
established by the department is guilty of a misdemeanor and, upon
conviction, must be fined not less than one hundred dollars nor
more than five hundred dollars or imprisoned not more than thirty
days.
(G) The department may close any antlerless deer season or
suspend or revoke a permit when environmental conditions or other
factors warrant."
SECTION 19. Section 50-11-410 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-410. For purposes of this chapter,
antlerless deer means a female (doe) deer, a male (buck) deer not
exhibiting two inch antlers visible above the natural hairline, or a
male (buck) deer that has shed, broken, or otherwise lost its antlers.
In South Carolina, it is unlawful to hunt, kill, take, or possess any
antlerless deer on any property unless an open season has been
declared on that property or an antlerless deer quota permit has
been issued for the legal harvest of antlerless deer on that specific
property. Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be fined not
more than two hundred dollars or imprisoned for not more than
thirty days. It is unlawful to possess freshly killed venison
or a fresh deer skin or deer parts during the closed season for
hunting deer. A person found in violation of this section is guilty
of a misdemeanor and, upon conviction, must be fined not less than
fifty dollars nor more than two hundred dollars or imprisoned not
more than thirty days."
SECTION 20. Section 50-11-500 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-500. (1) It is unlawful for any person
to rob any wild turkey nest or own, possess, control, sell, or
otherwise dispose of wild turkey eggs unless the possession of the
eggs is authorized by permit issued by the department under the
provisions of Section 50-11-1180.
(2) It is unlawful for any person to trap or snare any wild turkey
or to hunt or shoot a wild turkey at any time from any natural or
artificial blind or hiding place when the turkey is lured by bait. This
does not apply to mechanical feeders when used in a planned
conservation and management program approved by the department.
(3) It is unlawful for any person to hunt, kill, or possess female
wild turkeys unlawfully killed at any time unless the department
sets special open seasons for their taking under the provisions of
Sections 50-11-520, 50-11-530, and 50-11-540.
(4) It is unlawful for any person to buy, sell, offer for sale,
barter, or have in possession for sale any wild turkeys.
(5) It is unlawful for any person to release in the wild any
pen-raised wild turkey unless that person is granted a permit to do
so by the department. These permits are made after the department
has caused a thorough study of the area on which pen-raised turkeys
are to be released. The release of these turkeys is to take place
under the supervision of department personnel. No pen-raised
turkey may be released for any purpose unless they have been
examined for parasites or disease and the release approved by the
department not less than thirty days before the date of their release.
(6) It is unlawful for any person to buy, sell, offer for sale, barter
or have in possession for sale any pen-raised wild turkeys or
domestic turkeys for purposes of release in the wild. The
department may authorize pen-raised wild turkeys to be released
under permit on licensed privately owned shooting preserves if the
wild turkeys are designated as legal shooting preserve game by the
department, if they have been examined for parasites or disease, and
the release approved by the department not less than thirty days
before the date of their release. The taking of wild turkey on
licensed shooting preserves is governed by Article 7 of this chapter.
(7) It is unlawful for any person to sell or give away pen-raised
wild turkeys which are authorized to be released on licensed
shooting preserves without the written consent of the department.
(8) It is unlawful for any person to shoot any wild turkey on its
roost between thirty minutes after official sunset and thirty minutes
before official sunrise.
(9) It is unlawful for any person to possess pen-raised wild
turkeys without a possession permit issued by the department.
(10) A person who hunts or attempts to hunt a wild turkey is
required to have in his possession a set of wild turkey transportation
tags issued by the department or its designated agent at no cost. A
wild turkey killed must be tagged before being transported from the
point of kill. All bagged wild turkeys must be checked at a
designated wild turkey check station. The daily bag limit for wild
turkeys is two a day, not to exceed five during any one license
year, and no person may take more than two wild turkeys during an
open fall season. No hunter may possess more than one set of
turkey tags. A set consists of five tags.
(11) It is unlawful for a person to take or attempt to take a wild
turkey from a vehicle on a public road.
(12) It is unlawful for a person to take or attempt to take a wild
turkey with a rifle.
Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
two hundred dollars or imprisoned not more than thirty days except,
upon conviction, any person unlawfully buying, selling, offering for
sale, bartering, or having in possession any wild turkey or wild
turkey eggs must be fined twenty-five dollars for each wild turkey
or egg bought, sold, offered for sale, bartered, or possessed for sale
or unlawfully possessed. Each day's violation constitutes a separate
offense.
(A) The season for hunting and taking male wild
turkeys (gobblers) is in:
(1) Game Zones 1 and 2 as set by the department;
(2) Game Zone 3, the department may make special
studies in areas which have been restocked with wild turkeys and
may set a season between April first and May first, inclusive, in
specific areas of the zones in which turkeys have become numerous
enough to be harvested;
(3) Games Zone 4, the department may make special studies
in areas which have been restocked with wild turkeys and may set a
season between March fifteenth and May first, inclusive, in specific
areas of the zones in which turkeys have become numerous enough
to be harvested.
(B) In all game zones the department must prescribe
the methods and bag limits for hunting and taking of turkeys and
after special studies may designate the sex of turkeys that may be
taken and promulgate other regulations necessary and expedient for
the proper control and harvesting of turkey."
SECTION 21. Section 50-11-510 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-510. It is unlawful for a person to hunt
or take or attempt to hunt or take a wild turkey by means of, or aid
or use of, bait or baiting or on or over any baited area.
As used in this section, "bait" or "baiting'
means the placing, "depositing, exposing, distributing, or
scattering of salt, shelled, shucked, or unshucked corn, wheat, or
other grain, or other foodstuffs to constitute for wild turkeys a lure,
attraction, or enticement to, on, or over any areas where hunters are
attempting to take them, and "baited area" means an
area where salt, shelled, shucked, or unshucked corn, wheat, or
other grain, or other foodstuffs capable of luring, attracting, or
enticing wild turkeys is directly or indirectly placed, exposed,
deposited, distributed, or scattered, and the area remains a baited
area for ten days following complete removal of all bait.
(A) It is unlawful to hunt or take or attempt to take wild
turkey:
(1) by means of or with the aid of the use of bait or baiting;
or
(2) on or over any baited area.
(B) As used in this section:
(1) `Bait' or `baiting' means placing, depositing, exposing,
distributing, or scattering of salt, shelled, shucked or unshucked
corn, wheat, or other grain or other foodstuffs to constitute a lure,
attraction, or enticement for wild turkeys to or on any area.
(2) `Baited area' means an area where salt, shelled, shucked
or unshucked corn, wheat, or other grain, or other foodstuffs
capable of luring, attracting, or enticing wild turkeys is directly or
indirectly placed, exposed, deposited, distributed, or scattered and
the area remains a baited area for ten days following the complete
removal of all bait."
SECTION 22. Section 50-11-520 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-520. The department may make special
studies in all game zones of this State which have been restocked
with wild turkeys and, after such studies the department may
declare open or closed seasons of such duration as it considers
advisable for the taking of turkeys in areas concerned. However, in
Game Zones 6 and 11, the open and closed seasons for the taking
of wild turkey are as provided in Section 50-11-560 except in those
areas under restocking agreements with the department. It is
unlawful for a person to hunt, take, or attempt to take a turkey
except as permitted by the department or allowed in this article. A
person violating any provisions of this article is guilty of a
misdemeanor and, upon conviction, must be fined not less than two
hundred dollars nor more than five hundred dollars or imprisoned
for not more than thirty days. In addition, any equipment,
including vehicles, boats, weapons, used in hunting or taking
turkeys in violation of this article, is contraband and any animal
taken in violation of this article must be seized and forfeited to the
State."
SECTION 23. Section 50-11-530 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-530. The department may, at its
discretion, prescribe methods by which turkeys may be taken in
each game zone and may fix the specific areas of the zones in
which turkeys have become numerous enough to be harvested. The
department may designate the sex of the turkeys that may be taken
and may prescribe any other regulations considered necessary and
expedient for the proper control of the harvesting of turkeys in the
zones. The bag limit for turkeys in Game Zones 6 and 11 is not
more than two male turkeys a day and not more than five male
turkeys a season.
(A) It is unlawful for a person to:
(1) rob a wild turkey nest or possess, sell, or otherwise
dispose of wild turkey eggs unless authorized by permit issued by
the department;
(2) trap wild turkey unless authorized by permit issued by the
department;
(3) take or possess a female wild turkey unless the
department sets special open seasons for taking.
(4) release any pen-raised wild turkey unless authorized by
the department. The department shall not authorize the release of
pen-raised wild turkeys unless the pen-raised turkeys have been
examined for parasites or disease and after a thorough study of the
area has been made.
(5) buy, sell, offer for sale, barter, or possess for sale wild
turkeys.
(6) buy, sell, offer for sale, barter, or possess for sale
pen-raised wild turkeys unless permitted by the department.
(7) shoot a wild turkey on its roost between thirty minutes
after official sunset and thirty minutes before official sunrise.
(8) take or attempt to take a wild turkey from vehicle on a
public road.
(9) take or attempt to take a wild turkey with a rifle.
(B) A person violating the provisions of this section is guilty of
a misdemeanor and, upon conviction, must be fined not less than
one hundred dollars nor more than five hundred dollars or
imprisoned for not more than thirty days."
SECTION 24. Section 50-11-540 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-540. Any person taking, attempting to
take, or having in his possession turkey illegally or taking,
attempting to take, or killing turkey in any way not prescribed by
the department is guilty of a misdemeanor and, upon conviction,
must be fined not less than fifty dollars nor more than one hundred
dollars or imprisoned for not more than thirty days. Every vehicle,
boat, animal, firearm, or other equipment used in hunting turkeys in
violation of Sections 50-11-520 and 50-11-530 or in the possession
of persons convicted of violations at the time of the violations is
forfeited to the State and may be confiscated by any peace officer
who shall deliver the items to the department.
For purposes of this section, a conviction for unlawfully hunting
turkeys is conclusive as against any convicted owner of the above
mentioned property.
In all other instances forfeiture is accomplished by the initiation
by the State of an action in the circuit court in the county in which
the property was seized giving notice to owners of record and
lienholders of record or other persons having claimed an interest in
the property subject to forfeiture and an opportunity to appear and
show, if they can, why the property should not be forfeited and
disposed of as provided for by this section. Failure of any person
claiming an interest in the property to appear at the above
proceeding after having been given notice of the proceeding
constitutes a waiver of his claim and the property is forfeited
immediately to the State.
Notice of the above proceedings is accomplished by: (a)
personal service of the owner of record or lienholder of record by
certified copy of the petition or notice of hearing or (b) in the case
of property for which there is no owner or lienholder of record,
publication of notice in a newspaper of local circulation in the
county where the property was seized for at least two successive
weeks before the hearing.
Property constituted forfeited property by this section must be
sold under the same procedure prescribed in Section 50-11-740.
A person who hunts wild turkey is required to possess a set of
wild turkey transportation tags issued by the department at no cost.
All turkeys taken must be tagged before transported from the point
of kill. All bagged wild turkeys must be checked at a designated
check station on the day of take. A person may not obtain more
than one set of turkey tags or possess more than one set of turkey
tags. A person violating any provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five hundred dollars or imprisoned for not more than thirty
days."
SECTION 25. Section 50-11-550 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-550. It is unlawful between the dates of
February sixteenth and Thanksgiving Day for any person to
discharge any weapon, other than a shotgun, within one-fourth of a
mile of the backwaters of the Catawba River and its tributaries up
to the point and including all waters impounded by the India Hook
Dam.
(A) A person exceeding the daily bag limit for turkeys is
guilty of a misdemeanor and, upon conviction, must be fined not
less than one hundred dollars nor more than five hundred dollars or
imprisoned not more than thirty days.
(B) A person exceeding the seasonal bag limit for wild turkey is
guilty of a misdemeanor and, upon conviction, must be fined up to
one thousand dollars or imprisoned for ninety days, or both. In
addition, a person exceeding the bag limit for turkeys is required to
make restitution to the department in the amount of five hundred
dollars for each bird taken over the limit."
SECTION 26. Section 50-11-700 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-700. The use of artificial lights from
any vehicle or water conveyance for the purpose of observing or
harassing wildlife is unlawful after 11:00 p.m.
Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
one hundred dollars or imprisoned for not more than thirty
days.
(A) It is unlawful to use artificial lights for the purpose of
observing or harassing wildlife in Game Zones 1, 2, and 3.
However, this section does not prohibit an owner of real property or
person with a legal interest in it from using artificial lights for the
purpose of surveying or protecting his property.
(B) Nothing in this section may be construed to prohibit the
lawful hunting of those species which may be lawfully hunted at
night.
(C) A person violating the provisions of this section is guilty of
a misdemeanor and, upon conviction, must be fined not less than
one hundred dollars nor more than five hundred dollars or
imprisoned not more than thirty days."
SECTION 27. Section 50-11-705 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-705. In Game Zone No. 2 the use of
artificial lights from any vehicle or water conveyance for the
purpose of observing or harassing wildlife is unlawful.
Any person violating the provisions of this section is guilty of a
misdemeanor and upon conviction must be fined not more than one
hundred dollars or imprisoned for not more than thirty days.
Nothing in this section may be construed to prohibit the lawful
hunting of raccoon and fox. (A) In Game Zone 4 it is
unlawful to use artificial lights for the purpose of observing or
harassing wildlife after 11:00 PM. However, this section does not
prohibit an owner of real property or person with a legal interest in
it from using artificial lights for the purpose of surveying or
protecting his property. (B) Nothing in this section may be
construed to prohibit the lawful hunting of those species which may
be lawfully hunted at night.
(C) A person violating the provisions of this section is guilty of
a misdemeanor and, upon conviction, must be fined not less than
one hundred dollars nor more than five hundred dollars or
imprisoned not more than thirty days."
SECTION 28. Section 50-11-2110 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2110. In Game Zone 9 3
field trials may be conducted from January first through January
fifteenth of each year. If a permit is required to sponsor the field
trial, the permit must be issued by the department Upon written
request by the organized sponsoring association's designated
officer, the department may issue a permit."
SECTION 29. Section 50-11-2410 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2410. (A) It is unlawful for
any a person to sell, make, or use a foot-hold trap
or any like device within this State. This prohibition does not apply
to foot-hold traps of a size number three or smaller made, sold, or
used by the owner, leaseholder, or owner's employee for the
protection of property when the devices are set within two hundred
yards of the person's residence or within twenty-five yards of
any a poultry house, nor does this section apply to
merchants who have such traps for sale outside this State.
(B) The use of body gripping traps of the Conibear
type may be used without bait or scents for vertical water sets and
vertical slide sets only.
(C) It is lawful to use foot-hold traps of a size number
two or smaller for land sets and a size number three or smaller for
water sets in all game zones 1, 2, 3, 4, 6, 7, 10, and 11
inclusive. The use of foot-hold traps in Game Zones 5, 8,
and 9 may be allowed with the approval of the majority of the
legislative delegation for the game zone involved. The legislative
delegations for any game zone may elect to restrict the use of the
foot-hold trap and the Conibear trap, except when it is used as
permitted in the preceding paragraph, by a majority vote. A petition
signed by the members allows or prohibits the use of foot-hold
traps. The petition must be forwarded to the department. The
initiative for the petition must originate with the members of the
delegations for the respective game zone. The approval or repeal
remains in effect for no less than one year."
SECTION 30. Section 50-13-650 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-13-650. In Game Zone 3 4 it
shall be is unlawful to use nets or seines for
catching shad in the Savannah River from the New Savannah Bluff
Lock and Dam to a point where Spirit Creek empties into the
Savannah River."
SECTION 31. Section 50-13-730 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-13-730. (A) Notwithstanding any
other provision of law, the department is authorized to
promulgate rules and regulations establishing set the
open season for the taking of nongame fish with nets in the
freshwaters of in the counties in Game Zone No.
9 3. Any such rules and regulations
promulgated The department shall specify those waters
in which nongame fish may be taken with nets, which species may
be taken, the open season for such taking, any special
schedules and any necessary restrictions including specifications as
to what types type and mesh size nets shall
be are permissible. Provided, However, that
no rule or regulation promulgated hereunder or any change therein
later issued by the department shall be effective in any
county in Game Zone No. 9 or in the freshwaters therein unless
obtain the approval of a majority of the resident
legislative delegation of that any county
approves such rule or regulation or change therein
affected by this subsection.
In promulgating the rules and regulations authorized by this
section, the department shall not change or alter in any way the
seasons, schedules or restrictions established by law for the taking
of shad from any of the waters in Game Zone No. 9.
(B) Any open season established by the department
under the authority of this section relating to the open season for
the taking of herring shall must be from February
twentieth to March thirty-first of each year, inclusive; and no nets
shall be are allowed for the taking of herring with a
mesh size of less than three-inch square.
(C) No Herring may not be taken by
gill net in the Santee River or any of its tributaries upstream from
S. C. Highway 41."
SECTION 32. Section 50-13-805 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-13-805. Notwithstanding any other provision
of law, gill nets of a size no smaller than three inches stretch mesh
may be used in Game Zone No. 10 3 on the main
stream of the Big Great Pee Dee River and its
tributaries, including Muddy Creek, from the confluence of
Muddy Creek upstream to the crossing of the Great Pee Dee River
by U. S. Interstate Highway 95, from February fifteenth to
April fifteenth, inclusive, from Wednesday, sunrise and ending
Saturday, sundown sunset, for the catching of
herring."
SECTION 33. Section 50-13-990 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-13-990. (A) It shall be
is unlawful to ride a surfboard within one hundred yards of
any fishing pier in Game Zone No. 7 and Georgetown
County 3.
(B) Anyone A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, shall must be fined not more than one
hundred dollars or imprisoned for not more than thirty
days."
SECTION 34. Section 50-17-385 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-385. (A) It is unlawful to
commercially harvest shellfish in Game Zone 9 3
between Butler Inlet (Pawley's Inlet) and Midway Inlet in
Georgetown County.
(B) Any A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than fifty dollars nor more than
two hundred dollars or imprisoned not more than thirty days."
SECTION 35. Section 50-17-421 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-421. It is unlawful to use set or channel
nets in Game Zones 6 and 11 Zone 4 except in
such those areas at times and in such
seasons as it is lawful to trawl for shrimp in those zones
that zone.
In Game Zones 7 and 9, it is unlawful to use set or channel
nets except in those areas designated for that purpose by the
department and during the seasons when it is lawful to trawl for
shrimp in the areas specified in Section 50-17-615.
No set or channel net may be used in any of the waters of this
State after November fifteenth of any year.
The department may extend the open season for set and channel
nets by no more than thirty days in any year if the action is
consistent with sound fisheries management.
It is unlawful to transport a set or channel net aboard a boat
during the closed periods."
SECTION 36. Section 50-17-425 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-425. Notwithstanding the provisions of
Section 50-17-420, it is lawful to catch fish in the saltwaters of the
Atlantic Ocean in Game Zone 7 with a haul seine (beach seine)
having a mesh of no less than two inches stretched (one inch square
mesh).
(A) In Game Zone 3, it is unlawful to use set or channel
nets except in those areas designated for that purpose by the
department and during the seasons when it is lawful to trawl for
shrimp in the areas specified in Section 50-17-615.
(B) A set or channel net may not be used in any of the waters
of this State after November fifteenth of any year.
(C) The department may extend the open season for set and
channel nets by no more than thirty days in any year if the action is
consistent with sound fisheries management. It is unlawful to
transport a set or channel net aboard a boat during the closed
periods."
SECTION 37. Section 50-17-681 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-681. (A) It is unlawful for
any a fisherman to dump refuse from any type net
at any time in the Atlantic Ocean from the southern tip of Pawley's
Island in Georgetown County to the North Carolina state line within
one mile from shore of any county in Game Zones 7 and 9
Zone 3.
(B) Any A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be punished by a fine of fined not
more than five thousand dollars nor less than one thousand dollars
or by imprisonment for not exceeding imprisoned not
more than six months nor less than thirty days."
SECTION 38. Section 50-17-813 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-813. It is lawful to set nets for the
catching of shad in Game Zones 5 and 8 from Wednesday noon
until one hour after official sundown on Sunday during the open
season. Notwithstanding the provisions of Section 50-13-530 in
Game Zones 5 and 8 seines, nets, and other plans or devices may
be used on Saturdays and Sundays in the muddy streams, creeks,
and inland waters of the zone. It is lawful to set nets for the
catching of shad on Lynches River upstream of the confluence of
Sparrow Swamp and on Great Pee Dee River upstream of the
confluence of Black Creek from Wednesday noon until one hour
after official sunset on Sunday during the open season.
Notwithstanding the provisions of Section 50-13-530 in these waters
seines, nets, and other plans or devices may be used on Saturdays
and Sundays in the muddy streams, creeks, and inland waters of the
zone."
SECTION 39. Section 50-17-816 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-816. In Game Zone 10 it is unlawful to
catch shad or set any seine or net or other device for the taking of
shad from twelve noon on Sunday until twelve noon on the
Tuesday following during the open season, except with skimbow
nets for noncommercial purposes on the Black or Great Pee Dee
Rivers within such game zones. On Great Pee Dee River
upstream of the confluence of Lynches River to the confluence of
Black Creek and on Lynches River from its confluence with Great
Pee Dee River upstream to the confluence with Sparrow Swamp it
is unlawful to catch shad or set any seine or net or other device for
the taking of shad from twelve noon on Sunday until twelve noon
on the Tuesday following during the open season, except with
skimbow nets for noncommercial purposes."
SECTION 40. Section 50-17-870 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-870. It is lawful to use gill nets having a
mesh size no smaller than two and one-half inches and no greater
than three inches, stretched mesh, for the taking of herring from
February fifteenth through April fifteenth on Wednesday, Thursday,
Friday, and Saturday only during any week of the open season in
the following areas:
(1) on the Great Pee Dee, Old River around Bird Island, and
Louders Lake in Darlington County and the Lynches River in
Florence County;
(2) on the Sampit, Waccamaw, and Black Rivers in
Game Zone 9;
(3) on the Waccamaw River downstream of the confluence
of Bull Creek;
(4) in Williamsburg County."
SECTION 41. Section 50-17-1020 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-1020. It is unlawful to use a trawl net
within one-half mile from shore in a county in Game Zones 7
and 9 Zone 3 from the southern tip of Pawley's Island
in Georgetown County to the North Carolina state line. However,
trawl nets may be used in waters of the Atlantic Ocean adjacent to
Georgetown County from September fifteenth through December
thirty-first each year."
SECTION 42. Sections 50-3-360, 50-11-130, 50-11-140,
50-11-340, 50-11-355, 50-11-430, 50-11-440, 50-11-703,
50-11-704, 50-11-706, 50-11-1280, 50-11-2415, 50-13-20,
50-13-90, 50-13-110, 50-13-120, 50-13-190, 50-13-200, 50-13-320,
50-13-350, 50-13-360, 50-13-530, 50-13-610, 50-13-620,
50-13-680, 50-13-690, 50-13-700, 50-13-770, 50-13-815,
50-13-980, 50-13-1010, 50-13-1194, 50-13-1450, 50-13-1470,
50-13-1940, 50-13-2010, 50-17-35, 50-17-230, 50-17-235,
50-17-410, 50-17-811, 50-17-815, 50-17-816, Articles 1, 3, and 5
of Chapter 19 of Title 50, Section 50-19-310, Articles 9, 13, 17, 19,
and 25 of Chapter 19 of Title 50, 50-19-1710, 50-19-1720,
50-19-1730, 50-19-1910, 50-19-1920, 50-19-1925, 50-19-1930,
50-19-2220, 50-19-2310, 50-19-2330, 50-19-2400, 50-19-2520,
50-19-2530, 50-19-2620, 50-19-2630, and Articles 45 and 49 of
Chapter 19 of Title 50 are repealed.
SECTION 43. This act takes effect upon approval by the
Governor.
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